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Patna High Court

Vinod Mahto @ Binod MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with conditions, finding that the lack of possession and procedural non‑compliance justified release.

Summary

Vinod Mahto was arrested on 22 October 2025 in connection with a special excise case involving the seizure of 40 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that the liquor was not recovered from his conscious possession and that the police failed to comply with Section 103 of the Bihar Non‑Statutory Substitution (BNSS) Act, 2023. The prosecution opposed bail, citing two prior criminal antecedents, though the petitioner was already on bail in those matters. The High Court, noting the lack of possession and the procedural lapse, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedents without delaying the bail.

Issues considered

  • Whether bail should be granted in a special excise case where the seized contraband was not found in the accused's possession.
  • Whether non‑compliance with Section 103 of the BNSS, 2023, warrants the grant of bail.
  • Whether the petitioner’s prior criminal antecedents preclude bail despite being on bail in those matters.

Subjects

  • bail
  • special excise
  • illicit liquor
  • Section 30(a)
  • Section 103 BNSS
  • possession
  • prior criminal antecedents
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15190 of 2026
                        Arising Out of PS. Case No.-430 Year-2025 Thana- SAHPUR District- Patna
                 ======================================================
                 Vinod Mahto @ Binod Mahto Son of Late Rampani Mahto Resident of
                 Village- Daudpur Bagicha, Ward No. 02, P.S.- Shahpur, District- Patna, State-
                 Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Garg, Advocate
                 For the Opposite Party/s :       Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   10-03-2026                    Heard Mr. Ashok Kumar Garg, learned counsel for

                   the petitioner and Mr. Syed Mojibur Rahman, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   22.10.2025 in connection with Special Excise Case No. 2214 of

                   2025 airing out of Shahpur P.S. Case No. 430 of 2025, F.I.R.

                   dated 21.10.2025 for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                               3. Recovery is of 40 liters of illicit liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.15190 of 2026(2) dt.10-03-2026
                                            2/3




          as well as seizure list that nothing has been recovered from the

          conscious possession of the petitioner rather the recovery has

          been made near Daudpur Embankment. He further submits that

          there is non-compliance of Section 103 of the BNSS, 2023. He

          further submits that the police after investigation submitted the

          charge sheet against the petitioner. The petitioner is in custody

          since 22.10.2025.

                      5    Learned       Additional        Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries two criminal antecedents other

          than the present one but fairly submits that the petitioner is on

          bail in both the pending matters.

                       6. Considering the aforesaid facts and circumstances

          that nothing has been recovered from the conscious possession

          of the petitioner and there is non-compliance of section 103 of

          the BNSS, 2023, let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Special Excise Judge Danapur, Patna in connection

          with Special Excise Case No. 2214 of 2025 arising out of

          Shahpur P.S. Case No. 430 of 2025, subject to the following

          conditions:-
            Patna High Court CR. MISC. No.15190 of 2026(2) dt.10-03-2026
                                                        3/3




                                    i. Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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